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GLOSSARY

Sub-contracting definition

Published by a LexisNexis Construction expert

What does Sub-contracting mean?

Where part of the works are sub-contracted by the contractor, to be carried out by a sub-contractor. See subtopic: Sub-contracts in construction.

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Sub-contract agreement—checklist

Sub-contract agreement—checklist This Checklist is for use when drafting a sub-contract agreement for a main contractor, or prime contractor, using a sub-contractor to perform certain obligations under the main or prime contract. It is suitable for use when drafting a sub-contract for a commercial transaction for the supply of goods and services, or other generic commercial activities, but is not suitable for a construction sub-contract or for sub-contracting consultancy services. For an example agreement suitable for use as a sub-contract for a commercial transaction for the supply of goods and services, or other generic commercial activities, see Precedent: Sub-contract agreement. For a more detailed examination of the legal and practical matters when entering into a subcontract or when granting permission to subcontract, see Practice Note: Subcontracting. Initial matters • Check that the parties named in the contract are correct. If there is more than one company in a corporate group, check that the company entering into the contract is the appropriate group entity • Check whether sub-contracting under the main...

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Health and safety requirements—preparing to begin works and setting up the site

Health and safety requirements—preparing to begin works and setting up the site Those who control site work must check that working conditions are healthy and safe both before, and as, work begins. This Practice Note concentrates on the duties of the main contractor (‘Principal Contractor’ for the purposes of the Construction (Design and Management) Regulations 2015 (CDM 2015), SI 2015/51), as it is most commonly the main contractor who has overall control of the site, specifically at the site set up stage. The following is a list of the key considerations for the main contractor. Duty to notify and report Under CDM 2015, a construction project is 'notifiable' if the work on site is scheduled to last longer than 30 working days and have more than 20 workers working simultaneously at any point in time during the project (up to completion of construction work) or exceed 500 person days. A formal notification of such 'notifiable' projects must be made to the Health and Safety Executive ('HSE') using...

Construction resources in Lexis+®

Construction resources in Lexis+® The following key Construction resources are available in Lexis+®and linked to throughout the Construction content, providing useful practical commentary, legislation, rules and guidance for construction lawyers working in private practice or in-house. Please note the titles listed can only be accessed with the relevant Lexis+® subscription(s). Commentaries Title Summary Who should use this resource? Emden’s Construction Law by Crown Office Chambers A detailed narrative exposition of the law in all key construction law areas, including: formation and parties; scope of obligations; termination, compensation and other matters; responsibilities of and liabilities to third parties; and dispute resolution—as well as commentary on all the major construction contracts. Construction lawyers advising on construction contracts and construction disputes. Manual of Construction Agreements (Cockram) Part A provides comprehensive commentary on the law and practice governing construction contracts, with a focus on the major standard form agreements. Written by Richard Cockram, one of the country’s leading construction lawyers. Part B comprises a comprehensive bank of expertly drafted amendments...

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Local government outsourcing contract—template pensions schedule

Local government outsourcing contract—template pensions schedule 1 Interpretation 1.1 The following definitions and rules of interpretation apply in this Schedule: Admission Agreement • means the admission agreement to be entered into on or around the date of the [Outsourcing Contract] between the administering authority of the LGPS and the Supplier Best Value Direction • means the Best Value Authorities (Staff Transfers) Pensions Direction 2007 Broadly Comparable Pension Scheme • a pension scheme formally certified by the Government Actuary’s Department as broadly comparable to the LGPS Customer’s Scheme • the [ [LGPS] OR [other pension scheme] currently operated by the Customer in respect of the Relevant Employees] Fair Deal Guidance • HM Treasury Fair Deal for staff pensions: Staff transfer from central government (October 2013) Onward Transfer Date • the date of transfer of Onward Transferring Employees of the Supplier pursuant to TUPE 2006 on expiry (or earlier termination) of the [Outsourcing Contract] Onward Transferring Employees • the employees of the Supplier who...

Modern slavery—contract clauses

Modern slavery—contract clauses 1 Definitions Modern Slavery Policy • means the Customer’s anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the Customer and notified to the Supplier from time to time; 2 Modern slavery 2.1 The Supplier undertakes, warrants and represents that: 2.1.1 neither the Supplier nor any of its officers, employees, agents or subcontractors has: (a) committed an offence under the Modern Slavery Act 2015 (a MSA Offence); or (b) been notified that it is subject to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015; or (c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015; 2.1.2 it shall comply with the Modern Slavery Act 2015 and the Modern Slavery Policy[; OR ;and] 2.1.3 [its responses to the Customer’s modern slavery and human trafficking due diligence questionnaire are complete and accurate; and] 2.1.4...

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